The stated reason for the writ was that Robinson apparently wanted to bring to the Courts' attention the fact he was legally insane, and received ineffective assistance of counsel in his original trial.

[7] The retrial of Robinson concluded in 1943, where he was ultimately convicted of kidnapping and, upon recommendation from the jury, sentenced to death by Judge Miller.

The section in question reads as follows: "Whoever shall knowingly transport or cause to be transported, or aid or abet in transporting, in interstate or foreign commerce, any person who shall have been unlawfully seized, confined, inveigled, decoyed, kidnaped, abducted, or carried away by any means whatsoever and held for ransom or reward or otherwise, except, in the case of a minor, by a parent thereof, shall, upon conviction, be punished (1) by death if the verdict of the jury shall so recommend, provided that the sentence of death shall not be imposed by the court if, prior to its imposition, the kidnaped person has been liberated unharmed" (emphasis as in original) Robinson argued that the italicized provision is "too vague, uncertain and indefinite to form the basis of a valid indictment".

The Supreme Court agreed to hear his case, and held oral arguments on February 8, 1945, and released its opinion written by Justice Hugo Black on March 5, 1945.

The majority opinion started off by strictly establishing the purpose of granting certiorari, stating it to be to answer "the sole question of the court's statutory authority to impose the death sentence."

"It further went on to conclude,"This purpose [of this act is] to authorize a death penalty is clear even though Congress did not unmistakably mark some boundary between a pinprick and a permanently mutilated body.

Rutledge's dissent starts off being very straightforward, saying that "the penalty of death should not be imposed upon conditions defined so uncertain that their identity cannot be ascertained or is left open to grave doubt".

[9] Rutledge goes on to talk about the various ambiguities with the majority's decision and letting that part of the law stand, saying,"Few kidnappings take place without harm of some kind to the victim.